ROCHESTER, Minn. (AP) — A judge has denied a motion to dismiss a felony animal cruelty charge against a Rochester man in his dog’s death last spring.

Fifty-eight-year-old Kirk Edward Rucker is accused of leaving his dog in a car for several hours on May 22. The outside temperature was 80 degrees.

Rucker’s attorney, David Jones, argued that there was insufficient evidence that Rucker acted intentionally.

The defense submitted a report from the University of Minnesota veterinary lab that said the cause of the dog’s death was not apparent.

But Judge Debra Jacobson said that police reports establish sufficient evidence for a jury to find that Rucker’s conduct was intentional and the cause of the dog’s death.

The Post-Bulletin reports a plea hearing is scheduled for Jan. 14.

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Comments (4)
  1. Jadd says:

    In other news, The State of Minnesota has a 6.2 Billion Dollar Deficit.

    Perhaps the Judge wants to put him in a mental health program, in exchange for less jail.

  2. Julie says:

    If the tests came back as inconclusive to the cause of the dog’s death, then the jury won’t have cold hard fact to base their decisions upon.

    That means jurisprudence will be clouded with emotional static.

    Sure the guy shouldn’t have left the dof out in the heat, but don’t you think that if the dog has baked to death in the vehicle it would have been discovered by the vet that did the examination?

    Sounds to me like this judge wants nothing more but something to look good for the next elections…

  3. red says:

    Why would you leave a dog in the car in the heat? Suffocation dah? Would you want to sit in a hot car? idiot Poor dog Animal Cruelty for sure